Bombay high court grants a month to Maharashtra govt to fill vacant MSHRC posts

The PIL filed in high court in 2013 sought directions for filling up vacant posts in MSHRC, assigning a larger premise and allotting adequate funds for functioning autonomously

Expressing its disheartenment at the Maharashtra State Human Rights Commission (MSHRC) being defunct as the appointment of chairperson and other members has not been done since the retirement of the only presiding judicial member in April, the Bombay high court (HC) granted a month to the state as the last chance to fill up the posts and ensure that the commission became functional in all respects.

The Bombay high court (HC) granted a month to Maharashtra government as the last chance to fill up the MSHRC posts and ensure that the commission became functional in all respects.

A division bench of chief justice (CJ) Dipankar Datta and justice Girish Kulkarni while hearing public interest litigation (PIL) filed by activist Naresh Gosavi was informed on Wednesday that the commission was not functioning since April. The PIL filed in 2013 sought directions for filling up vacant posts, assigning a larger premise and allotting adequate funds for functioning autonomously.

While hearing another PIL with similar prayers, on July 12, 2021, the bench had asked the state to fill up the vacant posts of the chairperson, members and other staff by September 12. The petitioner Vaishnavi Gholave had informed the bench that an RTI reply had revealed that while only the secretary of the commission had been appointed, the posts of a chairperson, judicial member, expert member and inspector general of police along with 26 of the 51 sanctioned posts were vacant. Thereafter the court had given two months to the state to fill up the posts.

On Wednesday, advocate Arif Doctor for MSHRC reiterated that while only the secretary had been appointed, the constitutional posts were still vacant. He submitted that a 2018 order of the HC to the state to fill up the posts within six months was also not complied.

After being informed that the state had been forwarded three names by the former chief justice Pradeep Nandrajog, the CJ Datta questioned the state as to why no decision was taken on those names or even those six names which he had recommended. The CJ also sought to know why the chief minister and other senior officials had not met to resolve the issue as such an important body could not be defunct.

“It is disheartening to note that the Maharashtra Human Rights Commission is a defunct body at present. Although on behalf of the state it was submitted on July 12, 2021, that the process of appointing the chairperson of the commission as well the other members thereof would be completed by September 12, 2021, little progress in that direction has been made,” observed the bench in its order.

Additional government pleader for the state, informed the court that substantial progress had been made with regards to the appointments and another month would be needed to complete the same, hence as the last chance, the stated should be granted a month’s extension, which the court accepted.

The bench then noted, “We hope and trust that the state government would rise to the challenge and make the necessary appointments by that date. Earnest endeavour shall also be made by the state to appoint requisite number of staff to make the commission functional in all respects.”

The bench directed that both PILs should be heard together and posted hearing of the PILs by Gosavi and Gholave to October 25.